성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) (hereinafter “victim”) of the Victim G (hereinafter “victim”) (hereinafter “victim”) testified that the criminal committed an indecent act against the victim.
A witness was identified and notified to the victim immediately after the crime was committed, and the victim also appealed to the offender who was identified by the witness.
The victim and witness showed the face of the offender accurately at the scene of the crime, and immediately after the crime, the defendant was called as the offender.
Although a club inside the club is able to be able to be able to become a single person, there is no possibility that the victim and witness might cause confusion or misunderstanding about the offender in the process of selecting the defendant as an offender.
It can be recognized that the defendant commits an indecent act against the victim as in the facts charged.
2. Examining the reasoning of innocence revealed by the lower court in light of the record, the lower court’s determination that the evidence submitted by the prosecutor alone is insufficient to recognize the facts charged is correct.
3. The appeal by the conclusion prosecutor is dismissed.